Agriculture and Food Authority Act

Section 1. Short title Section This Act may be cited as the Agriculture and Food Authority Act. [Act No. 37 of 2013 , s. 2, Act No. 7 of 2016 , Sch., Act No. 35 of 2016 , Sch.]

Section 2. Interpretation Section cultivation of crops and horticultural practice within the meaning of the Crops Act (Cap. 318);

Section 3. Establishment of the Authority Section 3(1) There is established an authority to be known as the Agriculture and Food Authority. Section 3(2)(a) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(b) borrowing money or making investments; Section 3(2)(c) entering into contracts; and Section 3(2)(d) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. Section 3(3) The Authority shall be the successor to the institutions established by the Acts repealed under section 41 existing immediately before the commencement of this Act and the Crops Act (Cap. 318), respectively. Section 3(4) Despite subsection (3), the Authority shall not be the successor of livestock based institutions existing immediately before this Act was enacted into law. Section 3(5) The provisions of the First Schedule shall apply upon the commencement of this Act. [Act No. 7 of 2016 , Sch., Act No. 35 of 2016 , Sch.]

Section 4. Functions of the Authority Section administer the Crops Act (Cap. 318), in accordance with the provisions of these Acts;

Section 5. Board of the Authority Section 5(1)(a) a non-executive Chairperson appointed by the President; Section 5(1)(b) the Principal Secretary in the Ministry responsible for agriculture; Section 5(1)(c) the Principal Secretary in the Ministry responsible for finance; Section 5(1)(d) deleted by ActNo. 7 of 2016, Sch.; Section 5(1)(e) the Principal Secretary in the Ministry responsible for lands; Section 5(1)(f) deleted by ActNo. 7 of 2016, Sch.; Section 5(1)(g) deleted by ActNo. 7 of 2016, Sch.; Section 5(1)(h) deleted by ActNo. 7 of 2016, Sch.; Section 5(1)(i) eight persons, being farmers representing farmer organizations in the major crop subsectors in Kenya appointed by the Cabinet Secretary in consultation with the Council of County Governors; Section 5(1)(j) the Director-General who shall be the secretary to the Board and chief executive officer of the Authority; and Section 5(1)(k) deleted by ActNo. 7 of 2016, Sch. Section 5(2) Deleted by ActNo. 7 of 2016, Sch. Section 5(3) Deleted by ActNo. 7 of 2016, Sch. Section 5(4)(a) holds a degree from a university recognized in Kenya; and Section 5(4)(a)(i) holds a degree from a university recognized in Kenya; and Section 5(4)(a)(i...

Section 6. Powers of the Authority Section enter into contracts;

Section 7. Conduct of business and affairs of the Authority Section 7(1) The conduct and regulation of the business and affairs of the Authority shall be as provided in the Second Schedule. Section 7(2) Except as provided in the Second Schedule, the Authority may regulate its own procedure.

Section 8. Delegation by the Authority Section The Authority may, either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act or under any other written law.

Section 9. Remuneration of members of the Board Section The remuneration payable to members of the Board shall be determined by the Salaries and Remuneration Commission.

Section 10. Director-General Section 10(1) There shall be a Director-General who shall be the Chief Executive Officer of the Authority to be recruited by the Board of the Authority through a competitive process. Section 10(2) The appointment of the Director-General of the Authority under subsection (1) shall be done by the Cabinet Secretary. Section 10(3) The Director-General shall hold office for a period of not more than five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment for one further term. Section 10(4) The Director-General shall be an ex officio member of the Board but shall have no right to vote at any meeting of the Board. Section 10(5)(a) subject to the direction of the Board, be responsible for the day to day management of the Authority; Section 10(5)(b) in consultation with the Board, be responsible for the direction of the affairs and transactions of the Authority, the exercise, discharge and performance of its objectives, functions and duties, and the general administration of the Authority; Section 10(5)(c) be the secretary of the Board.

Section 11. Organization of the Secretariat of the Authority Section 11(1) The Authority shall organise its secretariat into such directorates as the Authority, with the approval of the Cabinet Secretary, may determine taking into account the functions of the Authority under this Act and any other Act of Parliament, and shall include a directorate in food production. Section 11(2) Deleted by ActNo. 7 of 2016, Sch., ActNo. 35 of 2016, Sch. Section 11(3) Each directorate of the Authority shall have such autonomy as to enable it discharge its professional mandate and shall for purposes of enabling Kenya meet the relevant international obligations especially with respect to standards, each directorate shall be the recognized entity to represent Kenya in that behalf as the competent authority. Section 11(4) Without prejudice to the general power of the Authority to establish directorates as contemplated under subsection (1), the Authority may establish directorates for each produce as may be necessary to enable the carrying out of any specialized activities with respect to the promotion or management of that agricultural product. Section 11(5) Deleted by ActNo. 7 of 2016, Sch. [Act No....

Section 12. Staff Section The Board may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of the functions of the Authority under this Act, upon such terms and conditions of service as the Board may determine.

Section 13. The common seal of the Authority Section 13(1) The common seal of the Authority shall be kept in the custody of the Director- General or of such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 13(2) The common seal of the Authority, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given. Section 13(3) The common seal of the Authority shall be authenticated by the signature of the chairperson of the Board and the Director-General. Section 13(4) The Board shall, in the absence of either the chairperson or the Director-General, in any particular matter, nominate one member of the Board to authenticate the seal of the Authority on behalf of either the chairperson or the Director-General.

Section 14. Protection from personal liability Section 14(1) No matter or thing done by a member of the Board or by any officer, member of staff, or agent of the Authority shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 14(2) Any expenses incurred by any person in any suit or prosecution brought against him or her in any court, in respect of any act which is done or purported to be done by him or her under the direction of the Board, shall, if the court holds that such act was done bona fide , be paid out of the funds of the Authority, unless such expenses are recovered by him or her in such suit or prosecution.

Section 15. Liability for damages Section The provisions of section 14 shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him or her, his or her property or any of his or her interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.

Section 16. Funds of the Authority Section 16(1)(a) such moneys as may be appropriated by Parliament for the purposes of the Authority; Section 16(1)(b) such gifts as may be given to the Authority; Section 16(1)(c) all moneys from any other lawful source provided, donated or lent to the Authority. Section 16(2) Notwithstanding the provisions of subsection (1), all levies imposed under the Act on scheduled crops, shall be applied towards the sustenance, development, provision and for the benefit of the crop or sector in respect of which the levies are imposed. Section 16(3) All levies imposed under the Act shall be collected and remitted to the respective directorate responsible for the crops appearing under the First Schedule of the Crops Act (Cap. 318) and if not remitted on or before the date prescribed by the notice, the amount due shall be a civil debt recoverable summarily by the Authority. Section 16(4) A percentage of any levy imposed under the Act as shall be gazetted by the Cabinet Secretary and which shall not exceed twenty percent of the levy shall be remitted to the Board. [Act No. 7 of 2016 , Sch.]

Section 17. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 18. Annual estimates Section 18(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 18(2)(a) payment of the salaries, allowances and other charges in respect of the staff of the Authority; Section 18(2)(b) payment of allowances and other charges in respect of members of the Board; Section 18(2)(c) payment of pensions, gratuities and other charges in respect of members of the Board and staff of the Authority; Section 18(2)(d) proper maintenance of the buildings and grounds of the Authority; Section 18(2)(e) maintenance, repair and replacement of the equipment and other property of the Authority; and Section 18(2)(f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Board may deem appropriate. Section 18(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be s...

Section 19. Accounts and audit Section 19(1) The Board shall cause to be kept proper books and records of accounts of the income, expenditure and assets of the Authority. Section 19(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 19(2)(b) a balance sheet of the Authority on the last day of that year. Section 19(3) The accounts of the Authority shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 20. Investment of funds Section 20(1) The Board may invest any of the funds of the Authority in securities in which, for the time being, trustees may by law invest trust funds, or in any other securities or banks which the Treasury may, from time to time, approve for that purpose. Section 20(2) The Board may place on deposit, with such bank or banks as it may determine, any moneys not immediately required for the purpose of the Authority.

Section 21. Land development guidelines Section 21(1) The Cabinet Secretary shall, on the advice of the Authority, and in consultation with the National Land Commission, provide general guidelines, in this Act referred to as land development guidelines, applicable in respect of any category of agricultural land to the owners or the occupiers thereof. Section 21(2) The land development guidelines contemplated under subsection (1) shall be implemented by the respective county governments taking into account the circumstances of the respective areas under their jurisdiction. Section 21(3) The guidelines referred to in this section may require the adoption of such system of management or farming practice or other system in relation to land in question (including the execution of such work and the placing of such things in, on or over the land, from time to time) as may be necessary for the proper development of land for agricultural purposes. [Act No. 7 of 2016 , Sch., Act No. 35 of 2016 , Sch.]

Section 22. Rules on preservation, utilization and development of agricultural land Section 22(1) The Cabinet Secretary shall, on the advice of the Authority, and in consultation with the National Land Commission, make general rules for the preservation, utilization and development of agricultural land either in Kenya generally or in any particular part thereof. Section 22(2)(a) prescribe the manner in which owners (whether or not also occupiers) shall manage their land in accordance with rules of good estate management; Section 22(2)(b) prescribe the manner in which occupiers shall farm their land in accordance with the rules of good husbandry: Section 22(2)(c) advise on the control or prohibition of the cultivation of land or the keeping of stock or any particular kind of stock thereon; Section 22(2)(d) advise on the kinds of crops which may be grown on land; Section 22(2)(e) provide for controlling the erection of buildings and other works on agricultural land; Section 22(2)(f) provide for such exemptions or conditional exemptions from the provisions thereof as may be desirable or necessary; Section 22(2)(g) deleted by ActNo. 7 of 2016, Sch., ActNo. 35 of 2016, Sch.; Section 22(...

Section 23. Land preservation guidelines Section 23(1)(a) prohibiting, regulating or controlling the undertaking of any agricultural activity including the firing, clearing or destruction of vegetation when such prohibiting, regulating or controlling is deemed by the Cabinet Secretary to be necessary for the protection of land against degradation, the protection of water catchment areas or otherwise, for the preservation of the soil and its fertility; Section 23(1)(b) the afforestation or re-afforestation of land; Section 23(1)(b)(i) the afforestation or re-afforestation of land; Section 23(1)(b)(ii) the drainage of land, including the construction, maintenance or repair of drains, gullies, contour banks, terraces and diversion ditches; Section 23(1)(b)(iii) salination, acidification and saltification of soil; Section 23(1)(c) requiring the uprooting or destruction, without payment of any compensation therefor, of any vegetation which has been planted in contravention of a land preservation order; Section 23(1)(d) requiring the supervision of unoccupied land; Section 23(1)(e) prohibiting, restricting or controlling the use of land for any agricultural purpose excluding livestock. S...

Section 24. Power to declare plant a noxious or invasive weed Section 24(1) The Cabinet Secretary may, on the advice of the Authority, by notice in the Gazette , declare a plant to be a noxious or invasive weed in any area which shall be specified in the notice, and which may consist either of the whole of Kenya or of one or more areas thereof. Section 24(2) By establishment of the county government, the Cabinet Secretary shall seek advice contemplated in subsection (1) from the county executive committee member responsible for agriculture. Section 24(3) The county government shall provide technical support for the eradication of noxious and invasive weeds as part of its constitutional functions for plant disease control.

Section 25. Duty to report Section 25(1)(a) report forthwith to the county government the presence of any noxious or invasive weed thereon; and Section 25(1)(b) clear the noxious or invasive weed, or cause it to be cleared from that land. Section 25(2) A person who fails to comply with the provisions of this section commits an offence.

Section 26. Power of county government officer to enter land Section 26(1) An officer of the county government authorized for that purpose may at all reasonable times enter upon land situated in an area in respect of which he or she is authorized for the purpose of ascertaining whether any noxious or invasive weed exists thereon. Section 26(2) A person who obstructs or attempts to obstruct or hinder an officer of the county government in the exercise of his or her duties under this Act commits an offence.

Section 27. Order by county government to clear land Section 27(1) If the officer of the county government finds upon land within a declared area any plant which has been declared to be a noxious or invasive weed under this Act, the county government may, by notice in writing to the person responsible for the land, require that person to clear the land of the noxious or invasive weed within a time to be specified in the notice. Section 27(2) The notice referred to in subsection (1) shall state the particular noxious or invasive weed which has been found upon the land, and, as far as practicable, the portion or portions of the land on which the noxious or invasive weed has been found. Section 27(3) A person who fails to comply with the provisions of a notice within the time specified therein commits an offence.

Section 28. Eradication of weed by county government Section 28(1) If the person responsible fails to clear the land within the time specified in a notice under this Part, an officer of the county government may enter, with or without assistance, upon the land and eradicate or cause to be eradicated any noxious or invasive weed found thereon. Section 28(2) Any expenses incurred in eradication shall be a civil debt recoverable summarily from the person responsible for the land. Section 28(3) Nothing in this section shall relieve the person responsible of any penalty incurred under this Act in consequence of his or her failure to comply with the provisions of a notice under this Act. Section 28(4) Where the noxious or invasive weed is of such a nature or proportion that it cannot be cleared by an individual or community, the government shall take steps, within six months, of such notice given by an individual to the government, to clear the noxious or invasive weed.

Section 29. Respective roles of national and county governments Section 29(1) Each county government shall within its area of jurisdiction be responsible, for agricultural matters in accordance with Part 2 of Fourth Schedule to the Constitution. Section 29(2) The national government shall, in accordance with Part 1 of section 29 of the Fourth Schedule to the Constitution, be responsible for agricultural policy and for assisting the county governments on agricultural matters. Section 29(3) Each county government shall, for purposes of ensuring uniformity and national standards in the agricultural sector, through its legislation and administrative action, implement and act in accordance with the national policy guidelines issued by the Cabinet Secretary on the advice of the authority under this Act. Section 29(4) Any action required under this Act to be done by the county government shall be deemed to have been done if done by an officer of the county government authorised by that government in that behalf.

Section 30. Penalty for non-compliance with order Section A person who contravenes or fails to comply with the terms of a land development order commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three years, or both, and in the case of a continuing offence to a fine not exceeding fifty thousand shillings for every day of which the offence continues.

Section 31. Register of land development orders Section 31(1) Each county government shall cause a register to be kept containing the names and addresses of all persons upon whom land development orders are served and containing also copies of the orders, and, where any order does not contain them, particulars of the survey or land reference number of the land to which each order relates. Section 31(2) Upon any land development order being fully complied with, or being varied or cancelled under any of the powers conferred by this Act, an appropriate entry recording compliance, variation or cancellation shall be made in the register. Section 31(3) The register shall at all reasonable times be open to inspection by any person upon payment of the prescribed fee, and any person inspecting the register may take copies of or extracts from any entry therein. Section 31(4) Any person may, on payment of the prescribed fee, obtain a copy of or extract from any entry in the register. Section 31(5) Upon a land development order, or any cancellation or variation of such an order, coming into effect, the county government shall cause a notification thereof, and of the survey, land reference or t...

Section 32. Land preservation orders Section A county government may make a land preservation order against the owner or occupier of land, or against both the owner and occupier either at the same time or at different times.

Section 33. Appeal against a land preservation order Section A person aggrieved by the making of a land preservation order may appeal to the court established under Article 162(2)(b) of the Constitution in the prescribed manner within thirty days of the issue of the order and upon an appeal the court may confirm, vary or cancel the order.

Section 34. Cancellation and amendments of orders Section 34(1) The county government may, by order, cancel any land preservation order, or exempt the person on whom any such order has been served from complying with any of the terms of the order, or extend the period within which any of the terms of the order is to be complied with. Section 34(2) Whenever the county government exercises the powers conferred by subsection (1), it shall cause a notice to be served on the person concerned specifying the manner in which those powers have been exercised, and the order in respect of which those powers have been exercised shall thereupon be deemed to be cancelled or amended accordingly.

Section 35. Register of orders Section 35(1) The county government shall cause a register to be kept containing the names and addresses of all persons upon whom land preservation orders are served and containing copies of those orders, and, where any order does not contain them, particulars of the survey or land reference number of the land to which each order relates. Section 35(2) Upon any land preservation order being fully complied with, or being varied or cancelled under any of the powers conferred by this Act, an appropriate entry recording compliance, variation or cancellation shall be made in the register. Section 35(3) The register shall at all reasonable times be open to inspection by any person upon payment of a prescribed fee, and any person inspecting the register may take copies of or extracts from any entry therein. Section 35(4) A person may, on payment of the prescribed fee, obtain a copy of or extract from any entry in the register. Section 35(5) Upon a land preservation order, or any cancellation or variation of such an order, coming into effect, the county government shall cause a notification, and of the survey, land reference or title number of the land affect...

Section 36. Failure to comply with an order Section 36(1) Where an owner or occupier against whom a land preservation order is made refuses or fails to comply with the terms of the order, the county government may authorize another person or body of persons, to enter upon the land to which the order relates and to carry out such works on or to place such things in, on or over the land as are required to be done by the order or which are otherwise necessary to comply with, and any person who obstructs the execution of any such works, or any part thereof, or the placing of any such things in, on or over the land commits an offence. Section 36(2) The expenses incurred in or about the exercise of the powers conferred by subsection (1) shall be a debt due to the Government from the owner or occupier of the land affected, as the county government may determine, or from the owner and occupier of the land affected in such proportions as the county government may determine. Section 36(3) So long as any debt under subsection (2) remains due, interest at such rate as may be prescribed by the county government in consultation with the Cabinet Secretary for the time being responsible for financ...

Section 37. Penalty for failure to comply Section A person who contravenes or fails to comply with the terms of any land preservation order duly served upon him or her commits an offence and shall be liable, on conviction, to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding one year or both, and in addition, in the case of a continuing offence, to a fine not exceeding one hundred shillings for each day on which the offence continues.

Section 38. Right of lessee to compensation for work done in compliance with order Section 38(1) Subject to the terms of the lease, where a lessee of any land has incurred expenditure on the land in complying with the terms of any land preservation order, he or she shall be entitled, at the termination of his or her lease, to obtain from the lessor, as compensation for that expenditure, such sum as fairly represents the residuary value of the expenditure by the lessor. Section 38(2) No claim for compensation under this section shall be enforceable unless before the expiration of two months after the termination of the lease the lessee has served notice in writing on the lessor of his or her intention to make the claim, and a notice under this subsection shall specify the nature of the claim and particulars of the expenditure incurred by the lessee. Section 38(3) The lessor and the lessee may, within the period of four months after the termination of the lease, by agreement in writing, settle a claim under this section, and the county government may, upon the application of the lessor or lessee made within that period, extend that period by three months. Section 38(4) Where, on the...

Section 39. Change of owner or occupier affect order Section Where a land preservation order is in force in respect of any land, any disposition (including a testamentary disposition), devolution or transmission of the land to which the order relates shall not affect the continued operation of the order, and accordingly the order shall remain in force and be binding on the new owner or occupier as if it had been made so as to relate to the new owner or occupier as well as to the former owner or occupier.

Section 40. Participation of farmers Section 40(1) For purposes of ensuring effective participation of farmers in the governance of the agricultural sector in Kenya, there shall be close consultation with all registered stakeholder organisations in the development of policies or regulations and before the making of any major decision that has effect on the agricultural sector. Section 40(2)(a) to ensure that any agreements, including any agreement with regard to contributions by farmers to their organizations, entered into between the farmers and the farmers’ organizations to which such farmers belong shall be respected by any third parties; and Section 40(2)(b) to provide the procedures for internal democracy in the farmers’ organizations.

Section 41. Appeals Section A person aggrieved by the making of a decision made under this Act by the Authority may appeal to the court established under Article 162(2)(b) of the Constitution.

Section 42. Measurement of weight Section The unit of measurement of all crop produce or products subject to regulations made under this Act by the Authority shall be as prescribed for each crop produce or product by the Cabinet Secretary by notice in the Gazette subject to any other law or regulations made under this Act and taking into account international standards. [Act No. 7 of 2016 , Sch.]

Section 43. Prohibition of export of some new produce Section A person shall not export raw cashewnuts, pyrethrum, bixa, macadamia or any other agricultural product as may be prescribed, except with the written authority of the Cabinet Secretary. [Act No. 7 of 2016 , Sch.]

Section 44. Competition in the sector Section In the discharge of its functions under this Act or any other written law, the Authority shall ensure that there are no dominant undertakings in the sector as defined in section 23 of the Competition Act(Cap. 504).

Section 45. Repeals Section Agriculture Act (Cap. 318);

Section 46. Regulations Section prescribing fees or charges for services rendered under this Act by the Board or its officers, servants or agents;